Abhishek Dilip Gadekar v. The State Of Maharashtra

Dusane 1/2 37 BA 192.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.192 OF 2021 Abhishek Dilip Gadekar ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Satyavrat Joshi i/by Mr. Rohit S. Shevte for Applicant Ms. Sharmila S. Kaushik, A.P.P., for State-Respondent Coram : NITIN W. SAMBRE, J.

Date : 23rd JULY, 2021 P.C.:

The submissions of Mr. Joshi, learned counsel appearing for the applicant are, the applicant is entitled to be released on bail in view of provisions of Section 29 of Code of Criminal Procedure, as the Magistrate is empowered to impose punishment of not more than three years.

According to him, the applicant has already undergone three years sentence, as such he is entitled for bail. Mr. Joshi would

Dusane 2/2 37 BA 192.2021.doc also rely on provisions of Section 436-A of Code of Criminal Procedure, which provides for release of an accused pre-trial in case if he has undergone half of the sentence.

Admittedly, the punishment for the offence under Section 420 provided under the Indian Penal Code is 7 years and in such an eventuality, learned Judicial Magistrate, First Class can take recourse to the provisions of Section 325 of Cr.P.C.

As the ingredients of Section 436-A Code of Criminal Procedure are not satisfied and in view of provisions of Section 325 Code of Criminal Procedure, in my opinion, no case for bail is made out. The Bail Application stands rejected.

( NITIN W. SAMBRE, J.)